Overview
- President Trump will not attend Wednesday’s arguments, while Treasury Secretary Scott Bessent says he will be in the courtroom and describes the dispute as a national security matter with contingency plans if the administration loses.
- Two lower courts ruled the IEEPA tariffs unlawful but left them in place during appeals, so the duties continue as the Supreme Court considers the case.
- U.S. companies have paid nearly $90 billion under the contested regime, which raised rates as high as 145% on China and up to 50% on partners such as India and Brazil.
- The case tests whether the ‘major questions’ doctrine applies to tariffs imposed under IEEPA, with critics citing recent limits on broad executive actions and defenders arguing foreign affairs powers warrant deference.
- A ruling against the government would not automatically cancel duties or guarantee refunds, and the administration could still use other trade statutes, while partners may seek to revisit deals built on the tariff leverage.